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Washington Highlights: April 25, 2008

House Passes Medicaid Legislation, Administration's Advisors Threaten to Veto

The House of Representatives April 23 passed (349-62) the AAMC-supported "Protecting the Medicaid Safety Net Act of 2008" (H.R. 5613). The legislation delays until April 1, 2009, implementation of the Medicaid proposed rule affecting graduate medical education (GME) payments and the Medicaid final rule regarding cost limits/units of government (the "IGT Rule"). Republican members accounted for 128 of the 349 votes in support of H.R. 5613.

According to a Statement of Administration Policy (SAP) issued April 22, the President's "senior advisors" would recommend a veto of H.R. 5613 "in its present form." The SAP explains that H.R. 5613 would "prevent the Administration from responsibly clarifying ambiguities in current Medicaid regulations and from stopping blatant abuses of the Federal-State partnership" under Medicaid. It adds that "Blocking the CMS regulations ignores the policy recommendations and investigatory findings of the [Government Accountability Office] and the [Office of the Inspector General] and will put billions of dollars of Federal funds at risk."

The Senate has not yet taken up legislation that addresses the Medicaid rules.

Information:
Christiane Mitchell, Senior Legislative Analyst
AAMC Government Relations
cmitchell@aamc.org
(202) 828-0526

House Reauthorizes SBIR/STTR Programs, Retains Funding Percentages at Current Rates

The House passed legislation April 23 to reauthorize the Small Business Innovation Research (SBIR) and the Small Business Technology Transfer Research (STTR) programs after agreeing to retain at their current levels the percentages of federal science agency budgets used to fund these programs.

The House passed (368-43) the "SBIR/STTR Reauthorization Act" (H.R. 5819). As reported out of the House Small Business Committee on April 18, the bill would have increased the SBIR set-aside from 2.5 percent to 3.0 percent and the STTR set-aside from 0.3 percent to 0.6 percent of any federal agency that spends more than $100 million in research per year. A similar increase had been proposed in the "Science and Technology Act of 2008" (H.R. 5789), which the House Science and Technology Subcommittee on Technology and Innovation approved April 16 [see Washington Highlights, April 18].

The House adopted by voice vote an amendment by Rep. Vernon Ehlers (R-Mich.) to retain the SBIR and STTR set-asides at their current levels. Rep. Ehlers noted, "If we increase the SBIR and STTR program percentages while other agency's funding remains flat, we begin to severely erode our fundamental research base. I would much rather see us fight over extra funding for our basic research programs, our fundamental research programs, of which a percentage would then transfer into SBIR and STTR."

The House agreed to the amendment after House Small Business Committee Chair Nydia Velaquez (D-N.Y.) announced that she would accept the amendment and pledged to work with Rep. Ehlers "to increase the amount of Federal research dollars available to small firms without raising concerns about the country's critical research priorities."

AAMC President and CEO Darrell G. Kirch, M.D., endorsed the Ehlers amendment in an April 22 letter that stated, "While the AAMC supports the objectives of the SBIR and STTR programs, it is essential that increases for these programs not come at the expense of the funding for the science agencies' other core programs." The amendment also was supported by the Association of American Universities, the Federation of American Societies for Experimental Biology, and the National Association of State Universities and Land Grant Colleges.

House Appropriations Chair David Obey (D-Wis.) also supported the amendment in a strong statement presented earlier in the day on the House floor on the impact that increasing the SBIR/STTR set-asides would have on NIH in the current budget climate. Noting the bill would result in $187 million less being available for traditional medical research grants, Chairman Obey stated, "The fact is that the success rate for small business grants under this bill is expected to rise to 52 percent whereas the success rate for applications for traditional NIH grants is expected to decline to 18 percent. That is a disparity that the scientific community and the country at large simply cannot afford."

In a Statement of Administration Policy (SAP) issued April 22, the White House strongly opposed the increases in the set-asides, noting they "would effectively cut $650 million each year from the core, competitive research activities of the Department of Defense, the National Institutes of Health, NASA, the Department of Energy, the National Science Foundation, and other agencies."

Information:
Dave Moore, Senior Director
AAMC Government Relations
dbmoore@aamc.org
(202) 828-0525

AAMC Comments on NCRR Draft Strategic Plan for FY 2009-2013

The AAMC April 23 submitted follow-up comments to the National Institutes of Health (NIH) National Center for Research Resources' (NCRR) draft Strategic Plan for FY 2009-2013. The AAMC commends the center for its leadership in NIH's effort to re-engineer the clinical research enterprise and its support of innovative approaches and emerging partnerships and collaborations. While fully endorsing the NCRR strategic plan, the AAMC restates two points of concern that were originally expressed in the Association's Sept. 10, 2007, comment letter, but which are not addressed in the current NCRR draft.

The AAMC encourages NCRR's commitment to provide resources both for community based research and for addressing the so-called "knowledge translation block," that is, to facilitate the implementation of successful discoveries and practices into clinical and preventive care. The Association expresses concern about the signal sent by the lack of an itemized strategy and specific action items in the draft strategic plan to address this "block."

The second point indicates the strategic plan should reassure the scientific community that services currently provided to clinical and translational researchers by General Clinical Research Centers (GCRCs) would be preserved and enhanced within the CTSA program. The AAMC believes the plan should include a commitment to optimizing the transition from the existing array of GCRC structures (e.g., Pediatric, Outpatient, and Inpatient) into CTSA's Clinical Research Units (CRU) as well as outline options for GCRCs that, for variety of reasons, will fail to fold into CTSA awards.

Information:
Irena Tartokovsky, Senior Science Policy Analyst
AAMC Biomedical and Health Sciences Research
itartakovsky@aamc.org
(202) 862-6134

Stephen Heinig, Lead Science Policy Analyst
AAMC Biomedical Health Sciences Research
sheinig@aamc.org
(202) 828-0488

Rehab Facilities Receive a Zero Percent Update under FY 2009 Proposed Rule

The Centers for Medicare and Medicaid Services (CMS) April 21 released its Medicare inpatient rehabilitation facility (IRF) proposed rule for federal fiscal year (FY) 2009. The proposed rule would apply a zero percent increase factor to IRF payment rates for FY 2009. If finalized, the policies will be effective Oct 1, 2008. Comments on the proposed rule are due June 20.

Total IRF payments for FY 2009 are estimated to decrease by approximately $20 million. This decrease is due to the CMS-proposed increase in the outlier threshold, which will decrease total outlier payments from 3.3 percent of total estimated payments in FY 2008 to 3.0 percent in FY 2009.

Effective July 1, 2006, a facility qualifies as an IRF --and for higher PPS payments than inpatient hospitals-- if 60 percent of its patient population has one of 13 specified qualifying conditions. The proposed rule makes permanent this 60 percent threshold in accordance with the "Medicare, Medicaid and SCHIP Extension Act" (MMSEA, P.L. 110-173). Historically this threshold had been set at 75 percent and was scheduled to return to that level July 1, 2008.

The proposed rule also implements a provision of the MMSEA that allows facilities to count patients who do not meet inpatient rehabilitation services for one of the 13 specified conditions, but whose treatment is complicated by the presence of one of those conditions as a secondary diagnosis. This policy was previously scheduled to expire July 1, 2008.

Information:
Diana Mayes, Specialist
AAMC Health Care Affairs
dmayes@aamc.org
(202) 828-0498

ED Issues Dear Colleague on Increased Health Professions Loan Limit

The Department of Education (ED) April 18 issued a Dear Colleague letter (GEN-08-04) that raises the combined aggregate Stafford loan limit for certain health professions students (including medical students) from $189,125 to $224,000, effective April 18, 2008. This increase is entirely in unsubsidized Stafford loans and will allow medical students to borrow at a 6.8 percent interest rate, avoiding higher rates under the GradPLUS and private loans.

The increase comes in response to a Sept. 4, 2007, AAMC-coordinated sign-on letter to Secretary of Education Margaret Spellings [see Washington Highlights, Sept. 7, 2007]. The Secretary originally announced the Department's decision in a Feb. 28 letter to AAMC President and CEO Darrel G. Kirch, M.D.

Information:
Matthew Shick, Senior Legislative Analyst
AAMC Government Relations
mshick@aamc.org
(202) 862-6116